Cite Your Law...

Let us discuss about the Warrantless Arrest and the Citizen's Arrest and how these arrests are made lawful and justified in the eyes of the law.  Arrest as defined by law It means the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (Sec. 1, Rule 113, Rules of Court). A person may be arrested only for a specific and definite purpose. It also doesn't mean that a person making the arrest need to restrain the person to constitute an arrest. Arrest can be made in whatever means that would necessarily implies control over the person under custody and consequently restrain the latter to leave on his own volition. Arrest however, cannot be made lawfully without first securing a warrant from a judge of competent jurisdiction. That is only the general rule. This rule has its exceptions and that will be the topic of our discussion, these are the warrantless arrest and the citizen's arrest. Legal Basis for the requirement of iss...

Facts: Petitioners Elidad Kho and Violeta Kho were charged with unfair competition by respondent Summerville General Merchandising & Co., Inc. before the City Prosecutor's office in Manila. The issue stems from the petitioner engaging in business with the KEC Cosmetic Laboratory with the purpose of deceiving the public by selling and disposing of facial cream products using tools, implements, and equipment in production, labeling, and distribution which give and depict the general appearance of Chin Chun Su facial creams in which the respondent herein are the legitimate importer and distributor. Issue:  Whether or not there is unfair competition in the acts done by Kho against Summerville. Ruling:  Yes, unfair competition sets in. The essential elements for action for unfair competition are:  1. Confusing similarity in the general appearance of the goods 2. Intent to deceive the public and defraud competitors. The confusing similarity may or may not result from the si...

       This topic is one of the most controversial issues nowadays since the 2022 national election is fast approaching. Now, let us talk about this issue and consult the court jurisprudence on whether a person who filed a certificate of candidacy to the COMELEC is deemed a candidate.          Who is a candidate?           Section 79 (a) of the Omnibus Election Code defines a candidate as any person aspiring for or seeking an elective public office, who has filed a certificate of candidacy xxx.          Section 79 of the Omnibus Election Code has been explained and further details have been provided by Congress, by enacting RA 8436 under Section 15, and later it was amended by Section 13 of RA 9369. Whereas, this law provides that any person who files his certificate of candidacy within the period for filing shall only be considered as a candidate at the start of the campaign peri...